Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…
Question: I’m concerned about the correct process of strata approval for renovations in our scheme. Renovations involving waterproofing isn’t being considered a major work under the new legislation, and therefore not being considered by the Owners Corporation as a special resolution. I’m a member of a Strata Committee in an apartment complex which was registered…
Question: A single lot owner wants the owners corporation to install a stair lift for the use of her friends. It will not benefit any owner, will require ongoing maintenance and cause on obstruction. Answer: The Owners Corporation is entitled to object to such an installation provided they are reasonable. The Owners Corporation is…
Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…
Pets and Strata Bylaws My super owns an investment unit within a strata which previously had an “Option B” pets policy but has recently changed that bylaw to “No Pets”. I bought the property, obviously, as an investment property and this new bylaw severely limits my ability to rent my property. Do I have any…
Question: My application to park a Wheelie Walker in the foyer of our apartment block has been refused on the grounds that storage of the mobility scooter will be a safety hazard. Answer: Your mobility scooter may indeed constitute a fire hazard and possibly a trip hazard. Unfortunately, it appears that your walker may…
Question: If an apartment is tenanted, how many occupants are allowed in a 2 bedroom unit? I suspect overcrowding in the apartment next door to ours. Answer: You would need a by-law which stipulates occupancy limits. Subject to anything contained in the development approval for the building, you would need a by-law which stipulates occupancy limits and…
Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…
Question: About a month ago the receiver for our automatic garage door openers on the undercover secure garage stopped working properly. While we wait for the repair of the receiver, is it permitted to lock out residents from their own garages? Answer: Permanent closure of the garage may be a violation of proprietary rights…
Question: For some reason, I have a key to the communal Fuse Box in our apartment building and I have been providing access for tenants who trip their fuse. I’m just trying to help. Why is this a problem? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment…
Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…
Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please? Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
Question: The floor in a lot’s kitchen has to be repaired because of concrete cancer. The lot owner now wants the owners corporation to pay for a new kitchen. Answer: The Owners Corporation would need to address concrete cancer and then reinstate the kitchen with like for like. It sounds like the kitchen is…
Strata Managers are trained professionals with the thorough knowledge and expertise required to ensure proper and timely compliance with a litany of legal, notice, meeting, accounting, capital works fund and administration fund monetary requirements relevant to your strata development. One-stop-shop With licenced strata manager, all matters relating to the scheme can be directed to…
Question: We are lot owners in a small 8 lot commercial strata building. What is the procedure for appointing a new strata manager? What happens if this procedure is not followed? Answer: It is critical that the termination of the current manager be effected strictly in accordance with the strata management agency agreement which…
Bathroom Renovation Question: One of the lot owners in our strata complex requires a major bathroom renovation and is expecting the owners to pay for it – is this correct? Answer: It depends on why the owner requires a major bathroom renovation. Presumably, it is because there is some defect in the common property slab…
Question: One of our lot owners has experienced damage caused by tree roots from a neighbour. Who is responsible for the cost of the remedial works to the adjoining property, the strata neighbour or the strata body? Answer: What is within the lot owner’s boundary is the responsibility of that individual owner. However, it…
Unit Entitlements Q: I would like to clarify the following: 1. Does owning a garage attached to a unit entitle the unit holder to have 2 votes? I thought that garage was a utility lot designed primarily for storage of goods or cars. As a result of this I am constantly outvoted on issues as…
On 23 October 2017, John Gabor won the Rotary Club of Parramatta City Pride of Workmanship Award 2017. John works as a building manager for our sister company Premium Building Management. Since 1976 Pride of Workmanship Awards have recognised enthusiasm and commitment to high quality work in the local community. John was nominated by an owner in Rise Apartments…